FREEDOM OF ASSOCIATION AND ASSEMBLY (FoAA) IN SOUTHERN AFRICA

We, the civil society organizations attending the strategic planning workshop on African Commission on Human and People’s Rights Guidelines on Freedom of Association and Assembly organised by Human Rights Institute of South Africa from 12-13 April in Johannesburg, South Africa.[1]

DESIROUS of contextualising the predominant “westernised or accepted” human rights norms and frameworks with lived African experiences and challenges;

AFFIRMING the associational character of African within the international instruments and frameworks, and confirm that rights to Freedom of Association and Assembly (FoAA) are African values and need to be understood in an African context;

WELCOMING the adoption of the Guidelines on Freedom of Association and Assembly in Africa by African Commission on Human and Peoples Rights’ Guidelines on Freedom of Association and Assembly in Africa during its 60th Session held in Niamey, Niger from 8-22 May 2017;

DRAWING inspiration from these progressive African norms and guidelines;

NOTING WITH CONCERN the trends of violations of freedom of Association and Assembly in the SADC region, as evidenced by amongst other challenges:

Non-implementation of human rights obligations on Freedom of Association and Assembly;

Criminalisation of association and assembly through selective application of restrictive laws and failure to implement progressive provisions advancing the rights as provided in national Constitutions and regional and international treaties and standards;

Misuse of security and anti-terrorism laws to restrict civic space;

Continued violation of Associational and Assembly rights, including through disregard of court orders;

Failure to ensure that law enforcement agencies promote, protect and uphold these rights;

COGNISANT of the role played by various stakeholders in promoting and protecting freedom of Association and Assembly, including;

The Executive (including oversight Ministries, regulators and law enforcement agencies);

The Legislature (parliamentarians at national, regional and continental level);

The Judiciary and justice sector stakeholders, including legal practitioners in the public, private and non-governmental sectors, and Law Reform/Development Commissions;

National human rights institutions;

Local authorities;

Community leaders, including traditional and religious leaders;

Media;

African Union and United Nations human rights mechanisms; and

International role players and development partners.

HAVING convened for a one and half day strategic planning workshop on awareness raising and popularization of the African Commission on Human and Peoples’ Rights Guidelines on Freedom of Association and Assembly in Africa;

CIVIL SOCIETY ORGANIZATIONS FROM SADC HERE PRESENT RESOLVE TO:

MAKE every efforts to engage the identified stakeholders for a broad-based effort to strengthen the right to freedom of Association and peaceful Assembly in the SADC region.

ADOPT the following strategies to address the challenges:

Evidence-based monitoring for pro-active advocacy;

Capacity building for stakeholders;

Public interest litigation;

Application of regional and international mechanisms and good practices;

Strengthening and reform of institutions and administrative practices; and

Policy and law reform.

REMAIN vigilant against threats to freedom of Association and Assembly;

COMMIT to collaborate and to provide support to each other through individual and joint efforts at the national and regional levels to protect and promote these rights.

The International Center for Not-for-Profit Law (ICNL) and the Human Rights Institute of South Africa (HURISA) hosted a one-and-a-half day strategic planning workshop on 12-13 April, 2018 in Johannesburg, South Africa. HURISA and ICNL participated in and supported the development and ultimate adoption of the African Commission on Human and Peoples’ Rights Guidelines on Freedom of Association and Assembly in Africa. This workshop was the first at regional level to popularize the Guidelines and develop strategies for their implementation as a means of strengthening enjoyment of SADC citizens’ Association and Assembly rights.

Study Group Member on Freedom of Association and Assembly in Africa of the African Commission on Human and Peoples’ Rights: Focal Point SADC Region for NGO Participation in Sessions of the African Commission on Human and Peoples’ Rights: Email:corlett@hurisa.org.za.Tel: +27 11 492 1103.[1]

Constitution of South Africa

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